The 6th District Court of Appeal, the primary court of review for Santa Clara County cases, upheld verdicts in more than 100 cases even as it acknowledged errors had occurred. The appellate court simply concluded those errors made no difference in the outcome of the case. Sometimes those conclusions were appropriate, but a review of the appellate record and consultations with experts established that in more than 50 cases the court misstated facts, twisted logic and devised questionable rationales to dismiss the error.

In nearly all the cases, the 6th District designates its opinions as ``not to be published'' -- a distinction that means they are not to be cited as legal authority in subsequent cases, and thus have little relevance beyond the parties to a case. The Mercury News found that higher courts are extremely unlikely to review unpublished opinions, making the 6th District the final word on most criminal trials in Santa Clara County.

It is nice to see scrutiny given to every stage of the criminal process, and not just the trial itself. I do not think I have ever read another article even discussing the role of an intermediate criminal appellate court--yet the Mercury News article manages not only to shine a light on a dark area of the process, but it does so in a way that levels serious criticism in a fair manner. Well worth a read.

New York Law Blogs

Other Blogs

Past Bloggers

This Blog was founded by Eric M. Dolan, Esq., in April of 2005. Mr. Dolan, a former member of the Monroe County Public Defender's Appeals Bureau, maintained the blog until 2007. He now has an active criminal law practice as an associate at Trevett Cristo Salzer & Andolina, P.C., in Rochester, New York.

From September 2007 to December 2008, this blog was maintained by Brian Shiffrin, Esq. Mr. Shiffrin is now a partner in the firm of Easton Thompson Kasperek Shiffrin LLP, a law firm dedicated to criminal defense.

From January 2009 until May of 2011, this blog was maintained by David M. Abbatoy, Jr., Esq. Mr. Abbatoy recently established THE ABBATOY LAW FIRM, PLLC, and concentrates his practice in appellate advocacy, post-conviction remedies, and criminal defense. You can find the firm on the web at www.abbatoy.com or contact Mr. Abbatoy by email at dma@abbatoy.com.

Disclaimer

This blog is meant to be a resource for New York criminal law practitioners. Of course, the case summaries here are no substitute for thorough research by a competent attorney. No attorney-client relationship is created by the receipt and review of the material on this blog.